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H.M.A PETITION NO.________ OF 2024.
IN THE MATTER OF: -
: PETITIONER NO.1
AND
XXXXXXX : PETITIONER NO.2
|
S.NO. |
PARTICULARS |
PAGES |
|
1. |
MEMO
OF PARTIES. |
|
|
2. |
SECOND MOTION PETITION UNDER SECTION 13(B)(2) OF
THE HINDU MARRIAGE ACT, 1955 (AS AMENDED UP TO DATE) FOR DISSOLUTION OF
MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL CONSENT. |
|
|
3. |
SUPPORTING AFFIDAVITS OF THE PETITIONERS. |
|
|
4. |
ANNEXURE P-1: COPY
OF MARRIAGE PHOTOGRAPH. |
|
|
5. |
ANNEXURE
P-2(COLLY): COPIES OF THE I.D. PROOFS OF BOTH THE PETITIONERS. |
|
|
6. |
ANNEXURE P-3: COPY OF MOU DATED 04.04.2024. |
|
|
7. |
ANNEXURE P-4(colly): CERTIFIED COPIES OF JUDGEMENT,
STATEMENTS AND ORDER PASSED BY THIS HON’BLE COURT IN FIRST MOTION PETITION. |
|
|
8. |
AFFIDAVIT – CUM-UNDERTAKING TO
ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT GUPTA VERSUS
RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI DATED
15.05.2018. OF BOTH THE PETITIONERS |
|
|
9. |
APPLICATION FOR WAIVER OF THE
STATUTORY WAITING PERIOD SIX MONTH. ALONG WITH AFFIDAVITS IN SUPPORT. |
|
|
10. |
VAKALATNAMAS. |
|
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
XXXXXXX
ADVOCATE
XXXXXXX
XXXXXXX
Email: XXXXXXX
Mob. XXXXXXX
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
MEMO
OF PARTIES
XXXXXX
S/o XXXX
R/o XXXXXXX : PETITIONER NO.1
A
N D
XXXXXX
D/o
XXXXXX
R/o
XXXXXXXX : PETITIONER NO.2
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
XXXXXXX
ADVOCATE
XXXXXXX
XXXXXXX
Email: XXXXXXX
Mob. XXXXXXX
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX
S/o XXXXXXX
R/o XXXXXXX
: PETITIONER NO.1
A
N D
XXXXXXX
D/o
XXXXXXX
R/o
XXXXXXX
:
PETITIONER NO.2
SECOND
MOTION PETITION UNDER SECTION 13(B)(2) OF THE HINDU MARRIAGE ACT, 1955 (AS
AMENDED UP TO DATE) FOR DISSOLUTION OF MARRIAGE, BY DECREE OF DIVORCE BY MUTUAL
CONSENT.
First Motion was
allowed by Sh…………; Ld. Principal Judge; Family Court, Dist. West, Tis Hazari Courts,
Delhi vide order dated …04.2024 in HMA No……..2024.
MOST RESPECTFULLY SHEWETH :-
1.
That the marriage between the parties (petitioners herein) in
the present petition was solemnized on 28.11.2022 at
XXXXX in
accordance with the Hindu rites and ceremonies. Necessary affidavits to this
effect are filed herewith. Copy of marriage photograph is annexed herewith
as Annexure P-1.
2.
That the status, age and place of residence of the parties to
present petition before the marriage and at the time of filing the present
petition is as under:-
AT THE TIME OF MARRAIGE
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Unmarried
|
___ Yrs |
XXXXXXX |
Hindu Unmarried |
____ Yrs |
XXXXXXX |
AT THE TIME OF FILING OF THIS PETITION
|
HUSBAND |
WIFE |
||||
Status
|
Age |
Place of Residence |
Status |
Age |
Place of Residence |
Hindu
Married
|
_____
Yrs |
XXXXXXX |
Hindu
Married |
____
Yrs |
XXXXXXX |
3.
That the Petitioner no.1 and the Petitioner
no.2 are Hindu by birth and believe in Hindu mythology. Copies of the I.D.
proofs of both the Petitioners are annexed herewith and marked as Annexure
P-2 (Colly) for the kind perusal of this Hon'ble Court.
4.
That after the marriage both the parties to
this petition started living together as a husband and wife, and the parties
have resided together till about 10.12.2023 with each other, however, no child
was born out of the said wedlock.
5.
That due to the differences in the
temperaments and behaviour of the Petitioner No. 1 & 2 hereto, they could
not live together much longer as husband and wife, and have been living
separately from each other since about 10.12.2023.
6.
That all the efforts of
reconciliation made by family members, relatives & friends of both the
parties, have failed, and now there is no possibility of their reconciliation
in future. As such the parties have finally decided to obtain divorce with mutual
consent.
7.
That it has been agreed between
the parties that they shall separate from each other by obtaining a decree of
divorce by mutual consent by filing a joint petition for divorce by mutual
Consent within jurisdiction of Delhi.
8.
That the
petitioners have amicably settled all their disputes, differences and claims
against each other in terms of the MOU dated 04.04.2024. That the contents of
the said MOU / Compromise may be read as a part and parcel of this present
petition. Copy of MOU dated 04.04.2024 is annexed and marked herewith
as Annexure P-3.
9.
That the Petitioner no.2 has settled all her
claims in respect of istridhan, past, present and future maintenance, permanent
alimony. The Petitioner
no.2 has agreed that she had already taken all her istridhan including jewelry,
clothes and all other belongings/items with her, and nothing is left with the Petitioner
no.1 and after receiving the above alimony, the Petitioner no.2 would refrain
from asserting any further claims regarding her istridhan or any other articles
from the Petitioner no.1 or his family members.
10.
It has been settled between the Petitioners, that the Petitioner
no.1 will pay an amount of Rs. XXXX/- (XXXX Only) as permanent alimony i.e. a
full and final settlement towards all claims against the Petitioner no.1 and
his family and after receiving the same, the Petitioner no.2 shall not have any
monetary claims against the Petitioner no.1 and his family members against any
movable and immovable assets. That on the date of the
execution of the MOU, both the Petitioners agreed and undertake to perform the following
act:
a. That the Petitioner no.2 shall
withdraw, by way of written application or otherwise, the Complaint filed under
Section 12 of Domestic Violence Act against the Petitioner no.1 and his
family members, which is pending for adjudication before Hon’ble Court of XXXXX:
MM: Tis Hazari Courts: Delhi titled as XXXXXXX
b. That the Petitioner no.2 shall
withdraw, by way of written application or otherwise, the Complaint filed by the
Petitioner no.2 before the XXXXX, XXXXX pending for 12.03.2024.
c. That the Petitioner no.2 shall
withdraw, by way of written application or otherwise, the Complaint filed by
the Petitioner no.2 U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C
against the Petitioner no.1 which is pending disposal before the Hon’ble Court
of XXXXX: M.M., Tis Hazari Courts, Delhi which is fixed for 22.04.2024.
d. That the Petitioner no.1 shall
withdraw, by way of written application or otherwise, the Complaint filed by
the Petitioner no.1 U/s 200 Cr.P.C alongwith application U/s 156(3) Cr.P.C
against the Petitioner no.2 which is pending disposal before the Hon’ble Court
of XXXXX : M.M., karkardooma Courts, Delhi which is fixed for 03.05.2024.
All above proceedings /
litigation undertake to withdraw by the Petitioners within the period of 15 days, immediately
after granting Decree of Divorce in First Motion Proceeding by this Hon’ble
Court;
e. That
the Petitioner
no.2 undertakes to thoroughly review
and check all the social media platforms wherein she and her family
members/friends have posted any Defamatory content against the Petitioner
no.1 and his Family members/friends and
further undertakes to remove/delete/take all the necessary actions required for
taking down such defamatory content to the satisfaction of the Petitioner
no.1 from internet/website(s) and all
the social media platforms, including but not limited to, Facebook, X (formerly
known as Twitter), WhatsApp Groups, Google reviews, Community Groups on
Social Media Platforms, Instagram, LinkedIn and Snapchat etc. prior to First
Motion. The Petitioner no.2 undertakes
not to post any content/comments/posts/stories about the Petitioner no.1, his relatives and/or any businesses or jobs
related to Petitioner no.1 and
his relatives in the future. Even after taking the final divorce decree from
the court, should the Petitioner no.1 and/or his relatives/ friends come across any content/posts/ comments/stories
on the internet/websites/social media platforms etc. posted by the Petitioner
no.2 and/or her relatives/friends
regarding the Petitioner no.1,
the Petitioner no.2 undertakes
to delete or get deleted any such posts related to the Petitioner no.1 upon receiving information from the Petitioner
no.1, through its counsels, within 7
days;
f.
Amicably filed the First Motion Petition under Section 13B(1)
within 15 days of the signing the MoU before this Hon’ble Court; A draft
of Rs. XXXXXX (XXXXX ONLY), by way of DD bearing No.025415 dated
04.04.2024 drawn on XXXXXXXX handed over to the Petitioner no.2 by the Petitioner
no.1 after the recording of the statement of both parties on the date of the
First Motion. First Motion was allowed by Sh…………; Ld. Principal Judge; Family
Court, Dist. West, Tis Hazari Courts, Delhi. vide order dated …04.2024 in HMA
No……..2024. A copy of judgment, statement
and order in First Motion Petition by the Hon’ble Court are annexed as Annexure P-4(colly).
g. That Petitioner no.1 and
his family members also undertake to withdraw the Complaint case U/s 200 Cr.P.C alongwith application U/s 156(3)
Cr.P.C against the Petitioner no.2 which is pending disposal before the Hon’ble
Court of Shri XXXX : M.M., karkardooma Courts, Delhi which is fixed for 03.05.2024.
h. The Second Motion Petition
be signed by both Petitioners after granting First Motion Divorce. For the
purpose of Second Motion, both parties agree to file a Joint application, for
the purpose of waiver of the statutory period of 6 months as prescribed under
the Act as per judgment “Amardeep Singh v. Harveen Kaur [Civil Appeal No.
11158/2017 dated September 12, 2017]”, since the parties have been living
separately for more than 18 months; A draft of Rs.XXXX/- (Rupees XXXXXX Only),
by way of DD bearing No………. dated …….2024 drawn on XXXXXXX will be handed over
to the Petitioner no.2 by the Petitioner no.1 after the recording of the
statement of both parties on the date of the Second Motion of decree of divorce. Both the Petitioners undertake
to cooperate with each other for its presentation of the aforesaid applicant / petition
and to make statements before the Hon'ble Court for the same.
11.
That the Petitioners shall not withdraw
their consent for obtaining the divorce by mutual consent till they obtain the
divorce by mutual consent and both the Petitioners have surrendered their
rights to withdraw their consent for obtaining the divorce by mutual consent.
12.
That after obtaining the divorce by mutual
consent, both the Petitioners undertake that they will not interfere in future
life of each other and their respective family members, relatives and friends
and shall not claim any interest in the moveable and immovable properties,
business of both the Petitioners and their family members and both the Petitioners
shall not make any kind of correspondence, complaints, etc. with any family
member, relative or friend of either of the Petitioners, against each other before any other authority and police
authority and court of law in India. It is categorically understood that both
the Petitioners and their family members shall refrain from contacting or
communicating with the other party, their relatives and friends, including
social media sites.
13.
That it is further agreed between both the Petitioners
that they shall be bound to uphold their respective obligations in the MOU dated
04.04.2024 and the party resiling from the MOU shall be liable to proceedings
under The Contempt of Courts Act, 1971.
14.
That it is agreed that both the parties
undertake to remain bound by the terms of settlement.
15.
That the parties to present petition have further undertaken
that they shall not level any allegations against each other or against the
family members of each other or cause to act in a manner so as to harm the
reputation and image of the other party to present petition and their relatives
in the society at large.
16.
That there is no legal impediment for which the relief sought
for can be denied to the petitioners. It is further submitted no other
efficacious remedy is available with the parties for dissolution of the
marriage except the by way of the present petition.
17.
That the present petition has been filed by both the parties
with their consent before Hon'ble Court.
18.
That there is no unreasonable or improper delay in filing
this petition.
19.
That there is no impediment in granting the relief as prayed
for in the petition.
20.
That no such petition between the Petitioners is pending
before any other court of law except the present one.
21.
That the Petitioner No.2 is residing at XXXXXXX XXXXXXX, which is within the jurisdiction of
this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and
try this petition.
22.
That the appropriate court fees for the purpose of court fee
and jurisdiction has been affixed herein.
PRAYER:-
It is, therefore, most
respectfully prayed to this Hon'ble Court may kindly grant the Second Motion
and pass a decree of divorce by mutual consent under Section 13(B)(2) of the
Hindu Marriage Act, 1955 in favour of the Petitioners.
Any other or further order/ relief
which this Hon’ble Court deems fit and proper in the facts and circumstances of
the case be passed/granted in favor of the petitioners.
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
XXXXXXX
ADVOCATE
XXXXXXX
XXXXXXX
Email: XXXXXXX
Mob.
XXXXXXX
VERIFICATION:-
We, the above-named
Petitioners do hereby on solemn affirmation verify that the contents of the
above petition from para no. 1 to …..are true to my knowledge and those of para
no. …..to …. are true on information received and believed to be true, while
the last para is a prayer to this Hon’ble court.
Verified at Delhi on this __ day May, 2024.
PETITIONER NO.1 PETITIONER NO.2
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX :
PETITIONER NO.2
Affidavit of XXXXXXX, S/o XXXXXXX aged about __ years, R/o
XXXXXXX XXXXXXX, do hereby solemnly
affirm and declare as under:-
1. That I
am the petitioner No. 1 in the above named matter and am well conversant with
the facts of the case and am also competent to swear the present affidavit.
2. That
the marriage of the deponent with the Petitioner No.2 solemnized according to
Hindu rites & ceremonies on 28.11.2022
at XXXXXXX
3. That due to the difference in opinions and temperaments of
the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner
no. 2 are living separately since 10.12.2023. Despite the interference of the
common friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU / Compromised Deed dated 04.04.2024 in its true letter and
spirit.
5. That there is
no unnecessary or improper delay in filing this petition.
6. That there is
no legal impediment in granting the relief as prayed for in the petition.
7. That
the contents of the annexed petition under Section 13-B(2) of the Hindu
Marriage Act, 1955, as amended upto date, have been drafted by my counsel as
per my instructions and the contents of the same have been duly read and
understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to my
knowledge.
8. The facts stated therein may kindly be read as part
and parcel of the present affidavit also as the contents of the same have not
been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I,
the above-named deponent on solemn affirmation verify that the contents of the
above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is
false and nothing is concealed therefrom.
Verified at Delhi on ___,
May, 2024.
DEPONENT
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX :
PETITIONER NO.2
AFFIDAVIT
Affidavit
of XXXXXXX aged about ___ years, D/o XXXXXXXR/o
XXXXXXXXXXXXXX, do hereby
solemnly affirm and declare as under:-
1. That I
am the Petitioner No. 2 in the above-named matter and am well conversant with
the facts of the case and am also competent to swear the present affidavit.
2. That
the marriage of the deponent with the Petitioner No.1 solemnized according to
Hindu rites & ceremonies on 28.11.2022
at XXXXXXX
3. That
the deponent is residing separately on 10.12.2023 due to some temperamental
differences.
4. That due to the difference in opinions and temperaments of
the Petitioner no.1 and Petitioner no.2; I, the deponent, and the Petitioner
no. 1are living separately since 10.12.2023. Despite the interference of the
common friends and relations, the Petitioners hereinafter were not be able to
reconcile their dispute and the parties have agreed to dissolve their marriage
by obtaining the decree of mutual consent. All efforts to bring reconciliation
have been failed.
4. That I undertake to abide by the terms
mentioned in the MOU/Compromise Deed dated 04.04.2024 in its true letter and spirit.
5. That there is
no unnecessary or improper delay in filing this petition.
6. That there is
no legal impediment in granting the relief as prayed for in the petition.
7. That
the contents of the annexed petition under Section 13-B(2) of the Hindu
Marriage Act, 1955, as amended up to date, have been drafted by my counsel as
per my instructions and the contents of the same have been duly read and
understood by me and after fully understanding the contents of the same, I
hereby state that the facts stated therein are all true and correct to my
knowledge.
8. The facts stated therein may kindly be read as part
and parcel of the present affidavit also as the contents of the same have not
been reproduced herein for the sake of brevity.
DEPONENT
VERIFICATION:-
I,
the above-named deponent on solemn affirmation verify that the contents of the
above affidavit from paras no.1 to 8 are true to my knowledge, no part of it is
false and nothing is concealed therefrom.
Verified at Delhi on ____, May, 2024.
DEPONENT
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX :
PETITIONER NO.2
AFFIDAVIT-CUM-UNDERTAKING
TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “XXXXXX PASSED BY THE
HON’BLE HIGH COURT OF DELHI DATED 15.05.2018.
Affidavit
of XXXXXXX, S/o XXXXXXX
aged about __ years, R/o XXXXXXXXXXXXXX, do hereby
solemnly affirm and declare as under:-
1.
That I am petitioner no.1 (husband) in the present petition and as
such am well conversant with the facts and circumstances of the case as such
competent to swear this affidavit.
2.
That the deponent got married to the Petitioner no.2 on 28.11.2022
at XXXXX according to Hindu Rites and Customs.
3.
That after the marriage
both the parties to this petition started living together as a husband and
wife, and the parties have resided together till 10.12.2023 with each other,
however, no child was born out of the said wedlock.
4.
That due to the
difference in opinions and temperaments of the Petitioner no.1 and Petitioner
no.2; I, the deponent, and the Petitioner no. 2 are living separately since 10.12.2023.
Despite the interference of the common friends and relations, the Petitioners
hereinafter were not be able to reconcile their dispute and the parties have
agreed to dissolve their marriage by obtaining the decree of mutual consent.
All efforts to bring reconciliation have been failed.
5.
That Petitioner No. 2 and
I have already settled all the claims regarding the stridhan/ maintenance/ belongings/
articles with each other by way of MOU / Compromise Deed dated 04.04.2024 and I
shall not file any fresh or separate claim petition or any other complaint or
any other proceedings against Petitioner No. 2 qua the matrimonial disputes.
The matter has been settled between the Petitioner No. 2 and me in accordance
with MOU / Compromise Deed dated 04.04.2024 and under the following terms:-
i.
It has been agreed between the parties that
the Petitioners shall not claim towards stridhan, dowry articles, past, present
and future alimony and maintenance, etc. from each other except as mentioned in
the MOU dated 04.04.2024. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 2 and her family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated 04.04.2024, I
undertake that I shall not file any type of case either matrimonial, civil or
criminal regarding Jewelry, dowry, stridhan, maintenance (present, past and
future, permanent alimony or any other claim, in court of law/police
authorities against the Petitioner No. 2, her family members or other relations
in future regarding their matrimonial disputes, either in India or abroad. I
also undertake that I shall not have any right, claim/interest in the moveable
and immoveable properties i.e. either self-acquired or inherited, of the
Petitioner No. 2 or any of her family member and relations, in their respective
businesses and service benefits besides an undertaking that no party shall
interfere in the personal as well as professional life of the other party.
iii.
That after granting the decree of divorce by
the concerned matrimonial court, both the Petitioners undertake not to file any
type of case i.e. civil, criminal or matrimonial, against each other, their
parents and relations, in any court of law or authorities or Police Stations in
any manner whatsoever except on account of breach of the aforesaid MOU/ Compromise
Deed.
6.
That it has been assured by both the parties
that none of them have and shall raise any claim/s in respect of any movable
and/or immovable properties, goods and assets of each other or their respective
parents/family members.
7.
That as the parties hereto do not have any
grievance left against each other, therefore, in view of the same, they have
further undertaken that they shall not any allegations against each other or
each other’s parents/relatives or cause to act in a manner so as to harm the
reputation and image of the other, in the family or the society at large.
8.
That the parties to the petition have taken
a decision to break their matrimonial ties keeping in view the further welfare
and better prospects of themselves.
9.
That it is agreed between the parties that
for breach of undertaking given to the concerned court or willful/deliberate
violation of the consent order/decree, the defaulting party will be liable to
be punished for contempt of court.
10.
That the petitioners are fully satisfied
with the present arrangement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance, permanent alimony
etc. against each other or their respective family members.
11.
That if either of the petitioners has filed
any complaint which is not in knowledge of either of the petitioners in any
court of law, police or any other authority either in New Delhi of any in part
of India then it shall deemed to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any breach / violation / willful
/ deliberate disobedience of the terms of the MOU dated 04.04.2024, breach,
violation of any of the terms of the MOU dated 04.04.2024, I shall be liable
to be punished for contempt of court.
13.
I undertake to abide by the stipulation as
contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
14.
I say that the above petition is not
presented in collusion with petitioner No.2.
15.
I say that the consent for divorce by mutual
consent has not been obtained by force, fraud or undue influence.
16.
I say that I have gone through the
accompanying petition for dissolution of marriage by decree of divorce by
mutual consent under Section 13B (2) of the Hindu marriage Act, 1955 and the
contents of the same are correct as per my knowledge and no part of it is
false.
17.
I say that the contents of the accompanying
petition may be read as part of this affidavit as those are not being repeated
herein for the sake of brevity.
18.
That there has not been any unnecessary or
improper delay instituting the present petition.
19.
That the Petitioner No.2 (wife) is residing at XXXXXXXXXXXXXX which is within the jurisdiction of this
Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and try
this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of May, 2024 on solemn
affirmation and state that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX :
PETITIONER NO.2
AFFIDAVIT-CUM
UNDERTAKING TO ABIDE WITH THE SETTLEMENT, IN VIEW OF THE MATTER OF “SH. RAJAT
GUPTA VERSUS RUPALI GUPTA” JUDGMENT PASSED BY THE HON’BLE HIGH COURT OF DELHI
DATED 15.05.2018.
Affidavit of XXXXXXX aged about
___ years, D/o XXXXXXXR/o XXXXXXXXXXXXXX,
do hereby solemnly affirm and declare as under:-
1.
That I am petitioner no.2 (wife) in the present petition and as
such am well conversant with the facts and circumstances of the case as such
competent to swear this affidavit.
2.
That the deponent got married to the Petitioner no. 1 on 28.11.2022
at XXXXX according to Hindu Rites and Customs.
3.
That after the marriage
both the parties to this petition started living together as a husband and
wife, and the parties have resided together till 10.12.2023 with each other,
however, no child was born out of the said wedlock.
4.
That due to the
difference in opinions and temperaments of the Petitioner no.1 and Petitioner
no.2; I, the deponent, and the Petitioner no. 1 are living separately since 10.12.2023.
Despite the interference of the common friends and relations, the Petitioners
hereinafter were not be able to reconcile their dispute and the parties have
agreed to dissolve their marriage by obtaining the decree of mutual consent.
All efforts to bring reconciliation have been failed.
5.
That Petitioner No. 1 and
I have already settled all the claims regarding the stridhan/ maintenance /belongings/
articles with each other by way of MOU / Compromise dated 04.04.2024 and I
shall not file any fresh or separate claim petition or any other complaint or
any other proceedings against Petitioner No. 2 qua the matrimonial disputes.
The matter has been settled between the Petitioner No. 2 and me in accordance
with MOU dated 04.04.2024 and under the following terms:-
i.
It has been agreed between the parties that
the Petitioners shall not claim towards stridhan, dowry articles, past, present
and future alimony and maintenance, etc. from each other except as mentioned in
the MOU dated 04.04.2024. I and my
family members shall raise no claim regarding the marriage whatsoever against
the Petitioner No. 1 and his family members.
ii.
That after obtaining the Divorce by mutual
consent from the matrimonial court and after fulfillment of terms of MOU dated 04.04.2024, I
undertake that I shall not file any type of case either matrimonial, civil or
criminal regarding Jewelry, dowry, stridhan, maintenance (present, past and
future, permanent alimony or any other claim, in court of law/police
authorities against the Petitioner No. 1, his family members or other relations
in future regarding their matrimonial disputes, either in India or abroad. I
also undertake that I shall not have any right, claim/interest in the moveable
and immoveable properties i.e. either self-acquired or inherited, of the
Petitioner No. 1 or any of his family member and relations, in their respective
businesses and service benefits besides an undertaking that no party shall
interfere in the personal as well as professional life of the other party.
iii.
That after granting the decree of divorce by
the concerned matrimonial court, both the Petitioners undertake not to file any
type of case i.e. civil, criminal or matrimonial, against each other, their
parents and relations, in any court of law or authorities or Police Stations in
any manner whatsoever except on account of breach of the aforesaid Deed.
6.
That it has been assured by both the parties
that none of them have and shall raise any claim/s in respect of any movable
and/or immovable properties, goods and assets of each other or their respective
parents/family members.
7.
That as the parties hereto do not have any
grievance left against each other, therefore, in view of the same, they have
further undertaken that they shall not any allegations against each other or
each other’s parents/relatives or cause to act in a manner so as to harm the
reputation and image of the other, in the family or the society at large.
8.
That the parties to the petition have taken
a decision to break their matrimonial ties keeping in view the further welfare
and better prospects of themselves.
9.
That it is agreed between the parties that
for breach of undertaking given to the concerned court or willful/deliberate
violation of the consent order/decree, the defaulting party will be liable to
be punished for contempt of court.
10.
That the petitioners are fully satisfied
with the present arrangement and as such they will not file any claim of any
nature whatsoever in future including claim for maintenance, permanent alimony
etc. against each other or their respective family members.
11.
That if either of the petitioners has filed
any complaint which is not in knowledge of either of the petitioners in any
court of law, police or any other authority either in New Delhi of any in part
of India then it shall deem to be considered as compromised and withdrawn and
shall not have any legal effects.
12.
That in case of any breach /violation /willful/
deliberate disobedience of the terms of the MOU dated 04.04.2024, breach, violation
of any of the terms of the MOU dated 04.04.2024, I shall be liable to be punished
for contempt of court.
13.
I undertake to abide by the stipulation as
contained in the judgment dated 15.05.2018 passed by the Hon’ble High Court
of Delhi in the matter of “Rajat Gupta Vs Rupali Gupta” in Cont. Case (C)
772/2013.
14.
I say that the above petition is not
presented in collusion with Petitioner No.1.
15.
I say that the consent for divorce by mutual
consent has not been obtained by force, fraud or undue influence.
16.
I say that I have gone through the
accompanying petition for dissolution of marriage by decree of divorce by
mutual consent under Section 13B (2) of the Hindu marriage Act, 1955 and the
contents of the same are correct as per my knowledge and no part of it is
false.
17.
I say that the contents of the accompanying
petition may be read as part of this affidavit as those are not being repeated
herein for the sake of brevity.
18.
That there has not been any unnecessary or
improper delay instituting the present petition.
19.
That the I am residing at XXXXXXXXXXXXXX
which is within the jurisdiction of
this Hon’ble Court. Hence, this Hon’ble has got jurisdiction to entertain and
try this petition.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of May, 2024 on solemn
affirmation and state that the contents of my above affidavit are true and
correct and nothing material has been concealed therefrom.
DEPONENT
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, XXXXXXX,
Advocate Enrolment No.D-XXXX/2012, do hereby certify that I have personally
verified the copies of the documents of both the Petitioners enclosed with the
petition with the originals and that the same are true copies of their
respective originals. I also undertake to submit the duly signed and attested
petition in the Court and to make up the deficiency if any, in the court fee
within the stipulated time frame.
XXXXXXX
ADVOCATE
XXXXXXX
XXXXXXX
Email: XXXXXXX
Mob. XXXXXXX
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, XXXXX, the
Petitioner no.1, do hereby certify that the documents annexed to the petition
are true copies of their respective originals. The documents so annexed are
self attested and if the same are found to be false and fabricated, I shall
make myself liable for civil and criminal legal action. I undertake to submit
the duly signed and attested petition, in original in the Court and to make up
the deficiency if any, in the Court fee within the stipulated time frame.
XXXXXX
S/o XXXXXXX
R/o XXXXXXX
XXXXXXX.
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
CERTIFICATE
I, XXXXXX,
the Petitioner no.2, do hereby certify that the documents annexed to the
petition are true copies of their respective originals. The documents so
annexed are self attested and if the same are found to be false and fabricated,
I shall make myself liable for civil and criminal legal action. I undertake to
submit the duly signed and attested petition, in original in the Court and to
make up the deficiency if any, in the Court fee within the stipulated time
frame.
XXXXXX
D/o XXXXXXX
R/o XXXXXXX
XXXXXXX.
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX : PETITIONER NO.2
U/S: 13(B)(2)
OF H.M.Act
JOINT
APPLICATION U/S 151 OF THE CODE OF CVIL PROCEDURE, 1908, ON BEHALF OF THE
PETITIONERS SEEKING WAIVER OF THE STATUTORY WAITING PERIOD OF 6 MONTH BETWEEN
THE PETITIONERS SEEKING WAVIVER OF THE STATUTORY WAITING PERIOD OF 6 MONTH
BETWEEN THE PETITIONER U/S 13-B(1) AND SECTION 13-B(2) OF THE HINDU MARRIAGE
ACT, 1955.
MOST
RESPECTFULLY SHOWETH:-
1.
That the
abovementioned petitioners have filed their petition U/s 13-B(1) of the Hindu
Marriage Act 1955, and the same was allowed by this Hon’ble Court on ……04.2024.
2.
That on 12.09.2017,
the Hon’ble Supreme Court of India in case titled, Amardeep Singh vs Harshdeep Kaur:
Civil Appeal No. 11158/2017, was pleased to grant power and discretion to all
Ld. Family Courts of India to give off the statutory waiting period of 6 months
between the Petitioners who have filed the petition U/s 13-B(1) and Section
13B(2) of the Hindu Marriage Act, 1955.
3.
That in the Present
Case, the marriage between the parties was solemnized on 28.11.2022 at XXXX and thereafter they have been not
residing as husband and wife since 10.12.2023. Since then, there has been no
cohabitation between them.
4.
They have no other
litigation pending between them at present now. It is important to mention here
that the Parties have made genuine efforts to reconcile their differences which
erupted in the duration of their cohabitation. However, in spite of having made
genuine efforts, the marriage between the parties has irretrievably broken
down.
5.
That waiting period
would not yield any result in recoiling the differences between the Parties as
they have no conjugal relationship as of husband and wide and marriage between
them virtually ended and there is no possibility of reconciliation and further
waiting for 6 months for dissolution of the marriage would be painful for the
parties and add to their suffering and agony.
6.
That Petitioners are
educated and have measured their acts and consequences of closing this marriage
and thus, I would be proper to grant decree of divorce under Section 13B of the
Hindu Marriage Act 1955 as has been exercised in similar circumstances in
reported judgments of this Court.
7.
Petitioners shall
suffer trauma of carrying the burden of dead marriage if the time period is not
waived off. The delay is only adding agony to their tormented life. Both
parties have shall stands benefited if the petitioner is allowed as it has
become impossible for the petitioners to reconsider their decision of
reconciling with each other for any reason.
8.
That considering the
above – mentioned reason the Petitioners crave leave of this Hon’ble Court to
kindly waive off the statutory waiting period of 6 months between the
Petitioners U/s 13 B(2) of the Hindu
Marriage Act, 1955.
9.
That the present
application is presented bonafide and without collusion of the Petitioner with
each other.
PRAYER:-
It is, therefore, most
respectfully prayed that this Hon’ble Court may kindly be pleased to waive off
the statutory waiting period of 6 months between the Petitioners U/s 13-B (1)
and Section 13-B(2) of the H.M. Act, 1955 after considering the above- mentioned
reasons in the interest of justice.
Any other or further order/ relief
which this Hon’ble Court deems fit and proper in the facts and circumstances of
the case be passed/granted in favor of the petitioners.
PETITIONER NO.1 PETITIONER
NO.2
THROUGH
XXXXXXX
ADVOCATE
XXXXXXX
XXXXXXX
Email: XXXXXXX
Mob.
XXXXXXX
H.M.A PETITIONNO.
________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX : PETITIONER NO.2
AFFIDAVIT
Affidavit of XXXXXXX,
S/o XXXXXXX aged about __ years, R/o XXXXXXXXXXXXXX, do hereby solemnly affirm
and declare as under: -
1.
That I am the Petitioner No.1 in the aforesaid HMA Petition,
filed under Section 13 B(2) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the aforesaid petition.
2.
That the contents of the annexed application have been
drafted by my counsel as per my instructions and the contents of the same have
been duly read over and understood by my vernacular language and after fully
understanding the contents of the therein are all true and correct to my
knowledge.
DEPONENT
VERIFICATION :-
Verified at
Delhi on this _____, day of May, 2024, that the contents of my above affidavit
are true and correct to my knowledge, no part of it is false and nothing
material has been concealed therefrom.
DEPONENT
H.M.A PETITIONNO.________ OF 2024.
IN THE MATTER OF: -
XXXXXXX :
PETITIONER NO.1
AND
XXXXXXX : PETITIONER NO.2
Affidavit of XXXXXXX
aged
about ___ years, D/o XXXXXXXR/o XXXXXXXXXXXXXX, do hereby solemnly affirm and declare as
under:-
1.
That I am the Petitioner No.2 in the aforesaid HMA Petition,
filed under Section 13 B(2) of Hindu Marriage Act, and I am well
conversant with the facts and circumstances of the aforesaid petition.
2.
That the contents of the annexed application have been
drafted by my counsel as per my instructions and the contents of the same have
been duly read over and understood by my vernacular language and after fully
understanding the contents of the therein are all true and correct to my
knowledge.
DEPONENT
VERIFICATION :-
Verified at
Delhi on this _____, day of May, 2024, that the contents of my above affidavit
are true and correct to my knowledge, no part of it is false and nothing
material has been concealed therefrom.
DEPONENT
